NOM19/03 Expanding the
Environmental Levy’s Major Strategic Program themes to include
Environmental Health and Water Quality Testing.................................................................................................................................. 129

The Local
Government Act 1993 (the Act) requires that Council’s Draft Code of
Meeting Practice (based of the model) be placed on public exhibition.
There is no requirement for Council’s Code of Conduct and Procedures to
go on exhibition and Council can not alter the provisions within the Model Code
and Procedures.

Recommendation:

That Council:

1. Adopt
the Code of Conduct Policy and Procedures for the Administration of the Code
of Conduct, noting the provisions contained within the documents are to apply
to Councillors, council staff, delegates of council, members of advisory
committees and volunteers.

2. Place
the draft Code of Meeting Practice on public exhibition for at least 28 days
and provide the community at least 42 days in which to comment on draft code
in accordance with section 361 of the Local Government Act 1993.

2.1. If
nil submissions are received by 26 May 2019 (that being the conclusion of the
exhibition and comment period) acknowledge that the advertised draft Code of
Meeting Practice will be Council’s adopted Code of Meeting Practice,
effective on and as from 26 May 2019; or

2.2. Should
submissions regarding the draft Code of Meeting Practice be received by 26
May 2019, a further report be prepared and submitted for Council’s
consideration outlining the details of any submissions received.

Report

Description of Item:

The OLG
produces and regularly reviews key documentation and policy advice for
Councils. The recent revision of the Model Code of Conduct, Model Code
Procedures and drafting of a Model Code of Meeting Practice have been
prescribed under the Local Government (General) Regulations 2005
(Regulations) This has triggered the requirement for Council to review and
update our relevant policies and procedures to ensure we meet the requirements
of the Act, Regulations and OLG expectations.

The
following section lists each document and details its purpose:

Code of
Conduct Policy

The attached
Model Code of Conduct is made under s440 of the Act and Regulations.

Council’s
Code of Conduct sets the minimum standards of conduct for council
officials. It is prescribed by Regulations to assist council officials
to:

· Understand
and comply with the standards of conduct that are expected of them

· Enable them
to fulfil their statutory duty to act honestly and exercise a reasonable degree
of care and diligence (s439)

· Act in a way
that enhances public confidence in local government.

s440 of the
Act requires every council to adopt a Code of Conduct Policy that incorporates
the provisions of the Model Code.

In addition,
clause 8.28 has been included. This clause was in the previously released
OLG draft version (Sept 2018). It remained open for Councils to adopt
this provision. Advice received from several members of Council’s
conduct review panel has strongly recommended the use of this clause as it
enhances the model code.

8.28 You
must not use social media to post or share comments, photos, videos, electronic
recordings or other information that:

a) is
offensive, humiliating, threatening or intimidating to other council officials
or those that deal with the council

b) contains
content about the council that is misleading or deceptive

c) divulges
confidential council information

d) breaches
the privacy of other council officials or those that deal with council

e) contains
allegations of suspected breaches of this code or information about the
consideration of a matter under the Procedures, or

f) could
be perceived to be an official comment on behalf of the council where you have
not been authorised to make such comment.

Code of
Conduct - Procedures for Administration of Model Code of Conduct

The
Procedures for the Administration of the Code of Conduct reflect the Model
Procedures as prescribed for the administration of the Model Code.

The Model
Procedures are made under s440AA of the Act. This requires every council
to adopt Procedures for the Administration of their Code of Conduct.

Model
Code of Meeting Practice

Council’s
draft Code of Meeting Practice, attached to this report, reflects the Model
Meeting Code made under s360 of the Act and prescribed under the Regulations.
Council’s draft Code of Meeting Practice will apply to all meetings of
Council and committees of Council of which all the members are councillors.

The
OLG’s Model Code of Meeting Practice web page can be found by clicking
the following link:

The draft
Model Code of Meeting Practice (attached to this report) has two elements
(relevant to Council):

· The
mandatory provisions (indicated in black font) that reflect the existing
meetings provisions of the Act and update and enhance the meetings provisions
previously prescribed under the Regulation to reflect contemporary meetings
practice by councils.

· The
non-mandatory provisions (indicated in red font) that cover areas of meetings
practice that are common to most councils but where there may be a need for
some variation in practice between councils based on local circumstances.
The non-mandatory provisions also operate to set a benchmark based on what OLG
sees as being best practice for the relevant area of practice.

Council is
required to adopt a code of meeting practice that incorporates the mandatory
provisions of the Model Meeting Code of Practice and must not contain
provisions that are inconsistent with these provisions. Council may
choose to incorporate the non-mandatory provisions of the Model Meeting Code
and any other supplementary provisions adopted by the council. The Council’s
Draft Meeting Code of Practice (attached) includes the non-mandatory and
supplementary inclusions recommended for Coffs Harbour City Council. The
non-mandatory provisions are regarded as ‘best practice’ by the
OLG.

Options:

It is
considered that the following options are available to Council:

1. Adopt
the recommendation provided to Council.

2. Amend
the recommendation or one or more of the policies provided and then adopt,
noting that any amendments cannot be inconsistent with the Model Codes
prescribed under the Regulations.

Sustainability Assessment:

• Environment

There are no environmental issues
associated with this report.

• Social

Policies are an important
communication tool used by Council for providing our community and general
public detail on strategic aims, commitments and obligations.

• Civic
Leadership

Policies are important for ensuring
transparency and accountability in local government. Their implementation
enables Council to identify and respond to the community. This is
consistent with the MyCoffs Community Strategic Plan strategy D.1 Our leaders
give us confidence in the future.

• Economic
– Broader Economic Implications

There are no broad economic impacts
associated with the implementation of the recommendations.

• Economic
- Delivery Program/Operational Plan Implications

The ongoing development and review
of Council policies are accommodated within Council’s budget
structure. This expenditure is monitored through Council’s monthly
and quarterly budget reviews.

Risk Analysis:

There are no
perceived risks in the adoption of the policies listed in this report.

Consultation:

Before
adopting the Code of Meeting Practice, Council must give public notice of its
draft, place it on exhibition for at least 28 days and provide the public have
at least 42 days to make submissions in accordance with s361 of the Local
Government Act 1993.

Related Policy, Precedents
and / or Statutory Requirements:

The following Chapter 14, Part 1, Division 1 (s439AA-440AAof
the Local Government Act 1993

s361 of the Local Government Act 1993

s253 of the Local Government Act 1993

Implementation Date /
Priority:

Immediate.

Conclusion:

That council
adopt the Code of Conduct Policy and place the draft Code of Meeting Practice
and draft Councillor Fees and Expenses Policy on public exhibition in
accordance with s253 and s361 of the Local Government Act 1993.

NOM19/03 Expanding
the Environmental Levy’s Major Strategic Program themes to include
Environmental Health and Water Quality Testing

Councillor Townley has given notice of her intention to
move the following:

"The CHCC Environmental Levy's Major Strategic
Project themes be expanded to include Environmental Health and Water Quality
testing"

Rationale:

“In previous
years, Council has funded a number of water quality testing projects via the
Environmental Levy. The projects which have been completed have provided
vital data to understand impacts of activities such as Intensive Plant
Agriculture are having on our waterways. There are also a number of
studies currently underway. So far, these studies have been focused in
just two systems, namely Bucca creek and the Hearne's Lake catchment.
There are a much larger number of creeks potentially impacted and testing and
monitoring of these systems is also highly desirable.

Council
recently participated in a study with NSW Health to examine pesticide residues
in water tanks. This sort of environmental health initiative is also
worthy of expanding. There appears to be a significant community appetite
for this sort of information and testing results.

Projects in
the minor or community-based Environmental Levy Grants are limited to
$25,000. Allowing an allocation for Environmental Health and Water
Quality Testing in the Major Projects will allow potential projects to be not
restricted to an upper limit of $25,000. Having excellent quality data is
a key component in addressing land use conflict arising from potential water
and air quality issues.”

Staff Comment:

A review of
the Environmental Levy Programs is due to be completed following the conclusion
of the first year under the new Environmental Levy Policy. This would be
an appropriate time for the Council to consider this matter.

PLACESCORE is a ‘place experience’ measurement
tool that lets communities across Australia share what they most care about.
Council has purchased a PLACESCORE assessment for the Local Government Area
(LGA) to assist with preparing the vision for the Coffs Future Transport
Strategy. This involved community engagement via online and face to face
surveys between November 2018 and February 2019. A total of 2,075 responses
were collected during the research.

The purpose of this report is to present the PLACESCORE
Neighbourhood Community Insights Report – March 2019 (Attachment 1)
for notation and use by Council. The 2019 PLACESCORE results will inform the
preparation of the Coffs Future Transport Strategy. However, they also provide
valuable information which can be used across Council in diagnosing problems,
identifying priorities and measuring change in key places and precincts across
the LGA.

Recommendation:

That Council note the PLACESCORE Neighbourhood
Community Insights Report – March 2019 (Attachment 1).

Report

Description of Item:

At its Ordinary Meeting of 6 December 2018, Council
considered a report in relation to the Coffs Future Transport Strategy and
resolved:

That
Council note the project scope detailed within this report for the preparation
of the Coffs Future Transport Strategy.

Stage 1 of the project scope for the Coffs Future Transport
Strategy is to develop a clear vision for the future of the LGA, with the
assistance of the PLACESCORE tool. PLACESCORE is a ‘place
experience’ measurement tool that lets communities across Australia share
what they most care about. It gives communities a voice to shape the places they
live, recreate and work. It is a survey tool that can be repeated in subsequent
years at various intervals to establish a ‘place census’ to measure
progress and change.

PLACESCORE consists of two tools – ‘Care Factor
Surveys’ capturing what the community values; and ‘PX
Assessments’ which capture place performance by allowing the community to
rate their own neighbourhoods. The resultant PX place score (between 0 and 100)
measures the community’s experience of their place. A high Care Factor
and low PX score can be considered priorities, while those localities with both
a high Care Factor and high PX can be celebrated.

The Coffs Harbour LGA 2019 PLACESCORE project involved
community engagement via online and face to face surveys of the community
between November 2018 and February 2019. A total of 2,075 responses were
collected during the research. Results have been compiled into the PLACESCORE
Neighbourhood Community Insights Report – March 2019 (Attachment 1).

Issues:

· Key Findings

The report provides an executive
summary of key findings for the whole of the LGA, and then interrogates various
localities further (when sufficient responses were received for these
localities). PX scores vary between 0 and 100. Scores above 70 are considered
very good; scores between 50 and 70 are considered as having room for
significant improvement; and scores less than 50 suggest that urgent investment
is required.

The overall Coffs Harbour LGA
achieved a PX of 65, indicating Coffs Harbour LGA is performing poorer than the
NSW average of 72. Key strengths listed for the overall LGA are elements of the
natural environment (natural features, views, vegetation etc); and locally
owned and operated businesses. Liveability improvement priorities (those things
identified that are important to the community but which are currently
underperforming) are listed as quality of public space; access and safety of
walking, cycling and/or public transport; walking/jogging/bike paths that
connect housing to communal amenities (like shops and parks); the general
condition of public open space (street trees, footpaths, parks); and protection
of the natural environment.

Further analysis was also
undertaken on localities (when sufficient responses were received to allow for
this analysis). Sawtell (77) and Moonee Beach (72) achieved the top PX scores;
and Toormina the bottom score (58). Scores for other neighbourhoods included
Arrawarra and Mullaway (65); Boambee East (64); Coffs Harbour city (64);
Coramba (68); Corindi Beach (67), Nana Glen (61); Sandy Beach (66); and
Woolgoolga (67). Four localities within the Coffs Harbour city area were
further broken down for analysis, being City Centre (62); Jetty (69); Park
Beach (64); and West Coffs (64).

Further detailed analysis for
these areas are provided in Attachment 1.

· Use of the 2019
PLACESCORE Report

Council is committed to creating
places where the community wants to live, connect and work. The 2019
PLACESCORE report provides detailed care factor and PX scores for the whole of
the LGA and then more specifically for certain locations. A high Care Factor
and low PX score can be considered priorities, while those with both a high
Care Factor and high PX can be celebrated.

The 2019 PLACESCORE report
provides valuable information to Council for diagnosing problems, identifying
priorities and measuring change in key places and precincts across the LGA. If
noted by Council, this will assist in the orderly and efficient use of Council
resources. It can also be repeated in subsequent years at various intervals to
measure progress and change in various localities within the LGA over time
(such as every 3 years, or before and after major works have been completed in
the public realm, such as the Jetty Foreshores redevelopment).

Options:

1. Support the recommendations in this report and
note the 2019 PLACESCORE results for use across Council; or

2. Amend
the recommendations in this report and/or elements of the report; or

3. Reject
the recommendations.

This report recommends Option 1.

Sustainability Assessment:

• Environment

The 2019 PLACESCORE results have
identified that the community most highly values elements of the natural
environment, the general condition of public open space and protection of the
natural environment, landscaping and natural elements and quality of public
space (Attachment 1, page 13).

• Social

The 2019 PLACESCORE results have
identified that the community most highly values the sense of personal and
neighbourhood safety, locally owned and operated businesses,
walking/jogging/bike paths that connect housing to amenities such as shops and
parks, and access and safety of walking, cycling and/or public transport
(Attachment 1, page 13).

• Civic
Leadership

Council is responsible for
various matters which are outlined in the MyCoffs Community Strategic Plan
2017. The 2019 PLACESCORE results support the objectives of thriving,
connected and sustainable contained within the MyCoffs document.

• Economic
– Broader Economic Implications

Council is committed to creating
great places where the community wants to ‘live, play and work’.The 2019 PLACESCORE report provides valuable information for use across
Council in diagnosing problems, identifying priorities and measuring change in
key places and precincts across the LGA. This will assist in the orderly and
efficient development of the city and promote investment and economic activity.

• Economic
- Delivery Program/Operational Plan Implications

The project has been
commissioned to inform the vision of the draft Coffs Future Transport Study. As
such, costs are included in Council’s Delivery Program and Operational
Plan. Analysis of its findings will assist in orderly and efficient use and
allocation of Council’s resources.

Risk Analysis:

There are no
perceived risks from noting of the 2019 PLACESCORE results.

Consultation:

The 2019
PLACESCORE project involved community engagement via online and face to face
surveys of the community between November 2018 and February 2019. A total of
2,075 responses were collected during the research.

Related Policy, Precedents
and / or Statutory Requirements:

The project
accords with Council’s MyCoffs Community Strategic Plan 2017. The
work has been completed to inform the draft Coffs Future Transport Strategy and
various chapters of the draft Coffs Harbour Local Growth Management Strategy,
currently in preparation.

Implementation Date /
Priority:

Following
Council’s noting of the 2019 PLACESCORE results, these will be used to
inform various bodies of work across Council.

Conclusion:

PLACESCORE is a ‘place experience’ measurement
tool that lets communities across Australia share what they most care about.
Council has purchased a PLACESCORE assessment for the Local Government Area
(LGA) to assist with preparing the vision for the Coffs Future Transport
Strategy.

The purpose of this report is to present the PLACESCORE
Neighbourhood Community Insights Report – March 2019 (Attachment 1)
for note and use by Council. The 2019 PLACESCORE results will inform the
preparation of the Coffs Future Transport Strategy. However, they also provide
valuable information which can be used across Council in diagnosing problems,
identifying priorities and measuring change in key places and precincts across
the LGA to assist in the orderly and efficient use of Council’s
resources.

Confidential in accordance
with Section 10A(2)(e) of the Local Government Act as it contains information
that would, if disclosed, prejudice the maintenance of law.

Executive Summary

This report provides an
assessment of Development Application 0456/18DA for a residential subdivision
involving 30 residential lots, a public reserve and new roads at Lot 6, DP
252223 and Lot 6, DP 1140702, Pacific Highway, Moonee Beach.

At its meeting of 12 October
2017, Council adopted the ‘Development Applications - Consideration by
Council Policy’, which outlined:

That development applications for approval involving
substantial aspects of the following elements be referred to Council for
determination:

- Significant
public interest and community input;

- A
proposed variation to the Local Environmental Plan that varies from the
development standard by more than 10%;

- Significant
land use; and

- Major
environmental issues.

Following public exhibition of
the application Council received twenty-two (22) submissions. Accordingly, this
matter is reported to Council for determination due to ‘significant
public interest and community input’.

2. Advise
persons who made a submission on Development Application 0456/18DA of
Council’s decision.

REPORT:

Description of Item:

· The
Site

The site is Lot 6, DP 252223 and
Lot 6, DP 1140702, Pacific Highway, Moonee Beach. The Pacific Highway is
located to the west of the site. Moonee Creek is located to the east.
Cunninghams Creek runs through both lots from the western property boundary to
the east at Moonee Creek. There is existing residential development to
the south of the site and undeveloped land to the north. The combined area of
the two land parcels is approximately 19.3 hectares. The site is largely
vegetated with some cleared areas.

While Development Application
0456/18DA has been made over both Lot 6, DP 252223 and Lot 6, DP 1140702, the
majority of development will be occurring on Lot 6, DP1140702.

· The
Development

The proposed development
consists of an initial consolidation and reconfiguration of the parent
lots. The application has described this initial development component as
a ‘management’ subdivision that will simplify the subsequent
development of the resulting land parcel (Proposed Lot 101). The common
boundary for this initial subdivision, creating two larger development parcels,
is Cunninghams Creek. Given that physical access across the creek is
limited by tidal movements and stream flows, it is appropriate to reconfigure
the land according to the creek alignment.

The subsequent subdivision of
Lot 101, consists of 30 torrens title residential lots. Lots 2 to 29 in
the subdivision vary in area from 520m2 to 840 m2.
Lot 30 is 2,640m2 in area. Lot 1 is 2 hectares in area and
includes significant areas of retained vegetation. A watercourse also
runs through this lot. A public reserve is proposed, predominantly
located on the north eastern side of the proposed extension to Moonee Creek
Drive. Access to the subdivision will be gained via an extension to
Moonee Creek Drive as a collector road. The collector road (which runs through
the development site and through adjoining sites to the north) is approved
under an existing development consent (Development Consent 1132/10DA).

Works required for the
subdivision to be carried out include vegetation removal, earthworks
(importation of fill), road construction, and provision and extension of
infrastructure services including sewerage, water supply, storm water
infrastructure, electricity and telecommunications.

Issues:

The main assessment issues for the proposed development are;

- Vegetation
removal and potential impacts on the natural environment;

- Subdivision
design;

- Road
access for the subdivision.

Options:

1. Adopt
the recommendation thereby granting approval to the application, subject to
conditions.

2. Refuse
the application and list reasons for refusal.

Sustainability Assessment:

• Environment

A complete assessment of
potential environmental impacts is provided in the Section 4.15 Evaluation
Report as Attachment 1 to this report.

• Social

A complete assessment of
potential social impacts is provided in the Section 4.15 Evaluation Report as Attachment
1 to this report.

• Civic
Leadership

- myCoffs
Community Strategic Plan

The proposed residential subdivision
including a reserve and new roads is considered to be consistent with the
‘myCoffs Community Strategic Plan’ particularly the ‘A Place
for Community’ theme, which requires amongst other things that
development occur in a way that is environmentally, socially and economically
responsible.

• Economic
– Broader Economic Implications

The proposed development is not
expected to result in any significant broader economic implications.

• Economic
- Delivery Program/Operational Plan Implications

There are no implications for
Council’s Delivery Program/adopted Operational Plan.

Risk Analysis:

A risk analysis has been undertaken and it is considered
that approval of the development application as recommended, does not pose a
significant risk to Council.

Consultation:

The development was advertised and notified in accordance
with the requirements of the Coffs Harbour Development Control Plan 2015 for a
period of 30 days and 19 submissions were received. Following the receipt of
information, which amended the application, the development was re-advertised
and notified for a further period of 30 days and three submissions were
received.

A full copy of all of the submissions is a confidential
attachment to this report (Attachment 4) as the submissions may contain personal
or private information or other considerations against disclosure as prescribed
under the Government Information (Public Access) Act 2009.

The matters, which can be
considered in the assessment of a development application, are limited to those
specified in Section 4.15 of the Environmental Planning and Assessment 1979.

A Section 4.15 Evaluation is
provided as Attachment 1.

· Savings
Provisions

This development application was
lodged with Council prior to the full commencement of the following
legislation, environmental planning instruments and development control plan:

- Biodiversity
Conservation Act 2016 (NSW)

- Coffs
Harbour Local Environmental Plan 2013

- State
Environmental Planning Policy (Coastal Management) 2018

- Coffs
Harbour Development Control Plan 2015

Part 7 of the Biodiversity
Conservation Act 2016 (NSW) commenced for the Coffs Harbour Local Government
area on 24 November 2018. Relevant provisions of the Biodiversity
Conservation (Savings and Transitional) Regulation 2017 (NSW) mean that
former planning provisions apply and this development application must be
evaluated as if Part 7 of the Biodiversity Conservation Act 2016 (NSW)
had not commenced.

For this site, Coffs Harbour
Local Environmental Plan 2013 and Coffs Harbour Development Control Plan
2015, commenced on 27 July 2018. State Environmental Planning
Policy (Coastal Management) 2018 commenced on 3 April 2018. Savings
provisions of both Coffs Harbour Local Environmental Plan 2013 and State
Environmental Planning Policy (Coastal Management) 2018 mean that this
development application must be evaluated against the planning instruments that
were in force at the time of lodgement.

The Section 4.15 Evaluation
provided as Attachment 3 evaluates the application by applying these savings
provisions.

For this development application
that means Coffs Harbour Local Environmental Plan 2000 (rather than Coffs
Harbour Local Environmental Plan 2013) and State Environmental Planning
Policy 71 – Coastal Protection (rather than State Environmental
Planning Policy (Coastal Management) 2018) must be considered.
Similarly, the development control plans that must be evaluated are those that
were in force at the time of lodgement. For this development application
that means the Moonee Development Control Plan 2004 and the Subdivision
Development Control Plan 2000 (rather than Coffs Harbour Development
Control Plan 2015). The evaluation provisions of the Environmental
Planning and Assessment Act require consideration of any proposed planning
instrument.

· Other Relevant
Statutory Instruments

Other statutory instruments
relevant to the assessment of the proposed development include the following:

- Environmental
Planning and Assessment Regulation 2000

- Coffs
Harbour Local Environmental Plan 2000

- Coffs
Harbour Local Environmental Plan 2013

- State
Environmental Planning Policy 55 - Remediation of Land

- State
Environmental Planning Policy 71 - Coastal Protection

- State
Environmental Planning Policy (Coastal Management) 2018

- State
Environmental Planning Policy (Infrastructure) 2007

- Moonee
Development Control Plan 2004

- Subdivision
Development Control Plan 2000

Each of these statutory
instruments is considered in detail in the Section 4.15 Evaluation appended to
this report as Attachment 1.

Implementation Date /
Priority:

In the event that Council adopts the recommendation, a
formal notice of determination will be issued for the development application
and persons who made a submission will be notified. A formal notice of
determination is valid for five years and the applicant can act on the
development consent at any time within that period, subject to complying with
relevant conditions of the consent.

Conclusion:

This report
provides an assessment of the application that has been undertaken in
accordance with all statutory requirements. It is recommended that the
application be determined by way of approval, subject to conditions.

2. Advise
persons who made a submission on Development Application 0400/18DA of
Council’s decision.

REPORT:

Description of Item:

The site is identified as Lot 913 DP 1125679, 76A-76B
Crossmaglen Road, Bonville. The site is zoned R5 Large Lot Residential and E2
Environmental Conservation pursuant to Coffs Harbour Local Environmental Plan
2013. The site can be accessed from both Crossmaglen Road and Braford
Drive.

The development comprises subdivision (8 lots) for large lot
residential purposes. It involves constructing a new public road via
Crossmaglen Road. The new road will be a cul-de-sac and will be linked by a new
fire trail, connecting with the Bakker Drive Reserve. Four lots will have
vehicle access via the new public road onto Crossmaglen Road. One lot will have
vehicle access onto Braford Drive. The remaining three lots will have access
via another new public cul-de-sac road which will link to a new road under
construction on the adjoining property to the west. The adjoining property to
the west has vehicle access onto North Bonville Road, via the new public road
under construction.

The development application has been amended a number of
times during the assessment process. The amended subdivision design
partly addresses concerns raised with the development. The amendments to the
application and the submissions received are addressed in the submissions
section of the S4.15 evaluation appended to this report (Attachment 1).

Issues:

At its meeting of 12 October 2017, Council adopted a Development
Applications - Consideration by Council Policy which outlined:

That development applications
for approval involving substantial aspects of the following elements be
referred to Council for determination:

- Significant
public interest and community input;

- A
proposed variation to the Local Environmental Plan that varies from the
development standard by more than 10%;

- Significant
land use;

- Major
environmental issue(s).

This application generated significant public interest and
community input. The application was publicly advertised and notified to
adjoining landowners on three occasions, between 30 November 2017 to 14
December 2017, then 7 June 2018 to 20 June 2018, then finally from 31 October
2018 to 28 November 2018. There were 44 submissions received during the first
public exhibition period, 101 received in the second period and 32 received in
the third period. All submissions were objecting to the development. The
application was put on public exhibition three times due to a change to the
subdivision layout in response to the issues raised in submissions.

Assessment of the relevant issues is detailed within
Attachment 1 of this report.

Options:

1. Adopt the recommendation thereby granting consent to the
application, subject to conditions.

2. Reject the recommendation and list reasons for refusal of
the application.

Sustainability Assessment:

• Environment

The proposed development is
unlikely to result in any unacceptable environmental impacts. The proposed
subdivision consolidates land zoned E2 Environmental Conservation. The
applicant provided a Flora and Fauna Assessment with the development
application detailing proposed tree removal (for the road/fire trail) and
compensatory planting to address impacts on the natural environment. A
condition of development requires preparation and implementation of a
vegetation management plan.

• Social

The proposed development will
not result in any unacceptable adverse social impacts in the locality.

• Civic
Leadership

Council has a statutory role in
assessment of development applications in accordance with the Environmental
Planning and Assessment Act and Regulations. This report and the
recommendation will assist Council in carrying out this role.

• Economic
– Broader Economic Implications

There are no broader economic
implications resulting from the proposed development.

• Economic
- Delivery Program/Operational Plan Implications

There are no implications for
Council’s Delivery Program / Operational Plan resulting from the
proposal.

Risk Analysis:

It is considered that approval of the development
application as recommended does not pose a significant risk to Council.

Consultation:

As stated above, the application was publicly advertised and
notified to adjoining landowners on three occasions due to a change to the
subdivision layout and issues raised in submissions. All submissions received
objected to the development. A summary of the issues raised and how these
issues are addressed is outlined in Attachment 1 of this report.

The NSW Rural Fire Service and the NSW Department of Primary
Industries (now NSW Natural Resources Access Regulator) have both provided
general terms of approval for the proposed development.

The NSW Office of Environment and Heritage and the Coffs
Harbour Local Aboriginal Land Council were consulted for comment in relation to
Aboriginal Cultural Heritage. The Office of Environment and Heritage
indicated that further consultation with the Coffs Harbour Local Aboriginal
Land Council should be undertaken. The Coffs Harbour Local Aboriginal Land
Council were subsequently consulted but provided no response. The applicant has
provided a report addressing Aboriginal Heritage prepared by a suitably
qualified person which concluded that the proposed development can proceed with
no further investigation due to the site being highly disturbed. A condition
has been included in the recommended conditions (attachment 2) to ensure that
should any object of Aboriginal Cultural significance be found during ground disturbance
works that NSW Office of Environment and Heritage and the Coffs Harbour Local
Aboriginal Land Council be notified and the legislative process followed.

Related Policy, Precedents
and / or Statutory Requirements:

· North Coast
Regional Plan

The North Coast Regional Plan is
primarily an overarching strategic planning document which guides Councils in
setting regional parameters for future strategic planning. While the strategy
is a related policy document, it is important to note that the strategy does
not incorporate any planning controls which would have any implications when
considering the proposed development. The proposed development is permissible
with development consent in the zone.

· Statutory
Planning Controls

The
statutory instruments relevant to the development include the following:

- State
Environmental Planning Policy No. 55 – Remediation of Land;

- Coffs
Harbour Local Environmental Plan2013

- Coffs
Harbour Development Control Plan 2015

Each of these statutory
instruments is considered in detail within Attachment 1 of this report.

Implementation Date /
Priority:

In the event that Council adopts the recommendation, a
formal notice of determination will be issued for the development application.
A formal notice of determination is valid for five years and the applicant can
act on the development consent at any time within that period, subject to
meeting any relevant conditions of the consent.

Conclusion:

A comprehensive assessment of the application has been
undertaken in accordance with all statutory requirements and it is recommended
that the application be approved subject to a number of conditions.

Ayrshire Park is located at the corner of Ayrshire Park
Drive and Middle Boambee Road at Boambee, approximately 10 kilometres southwest
of the Coffs Harbour city centre.

The park was created in the early 1980s following the
donation of the land by the Hull-Moody family to Coffs Harbour City Council.
The park has been developed and managed by the Ayrshire Park Section 355 Facility
Management Committee.

A Draft Ayrshire Park Boambee Masterplan has been prepared
to guide future improvements to the park with the aim to enhance utilisation
and optimise its overall recreational, environment and visual attributes. The
Draft Ayrshire Park Boambee Masterplan is conceptual only and does not provide
detailed design. The purpose of this report is to seek Council approval to
place the Draft Ayrshire Park Boambee Masterplan on public exhibition for a
period of 42 days for broader community comment.

Recommendation:

That Council:

1. Endorse
and publicly exhibit the Draft Ayrshire Park Boambee Masterplan (Attachment
1) for a minimum period of 42 days.

2. Consider
a further report outlining the outcomes of the public exhibition period.

Report

Description of Item:

Ayrshire Park is currently under the care, control and
management of the Ayrshire Park Section 355 Facility Management Committee and
falls within the Coffs Harbour City Council Sportsground Plan of Management
dated October 1996 (amended June 2004). The Draft Ayrshire Park Boambee
Masterplan (the Draft Masterplan) would be supplementary to the Sportsground
Plan of Management and is aligned to the recommendations outlined in the Open
Space Strategy 2010 and Sports Facility Plan 2016. The Draft Masterplan
highlights ‘the park is an important focal point within the Middle
Boambee community offering a venue for organised sport, low key passive
recreation and leisure. The most prominent and active stakeholder is the
Boambee Football Club which has adopted the park as its home ground. The club
uses the park through the competition football season which generally occurs
between March and September….Other than soccer; the park is largely used
as a quiet, low key destination for informal recreation and leisure by the
local community.’

The Draft Masterplan aims to provide concept development
direction for the park to guide future improvements to enhance utilisation and
optimise its overall recreational, environment and visual attributes.

Issues:

The Draft Masterplan aims to meet the mission statement of
the park; to provide a quality recreation and sporting venue for the Boambee
community and its visitors.

The Draft Masterplan recognises the existing values and
deficiencies of the park and assesses the significance and challenges. Initial
feedback from the stakeholders with regard to issues, ideas and preferences
have been considered.

The Draft Masterplan provides a framework for future
development of the park and allows for orderly and appropriate
development. It will also assist Council and the Ayrshire Park s355
Facility Management Committee to seek funding opportunities for the park as it
sets out a clear path of concept development.

Stakeholders have been involved through various consultation
activities to inform the development of the Draft Masterplan. Through the
proposed exhibition period the broader community and stakeholders will have
further opportunity to comment. As part of the exhibition period it
is proposed that the Ayrshire Park Section 355 Facility Management Committee
will host a community consultation event onsite at Ayrshire Park.

Options:

The analysis indicates that there are two options open to
Council examined below, with Option 1 forming the basis of the recommendation
to Council as this option is responsive to community and stakeholder
expectation.

Option 1: Adopt
the recommendation of this report and approve the public exhibition of the
Draft Ayrshire Park Boambee Masterplan.

Option 2: Resolve
to not endorse the recommendation to place the Draft Masterplan on exhibition.

Sustainability Assessment:

• Environment

The Draft Masterplan recommends
a number of measures that could be undertaken to improve environmental outcomes
within the park including the restoration of the riparian corridor along the
Boambee Creek section of the park.

• Social

The Draft Masterplan recognises
the significant social value the park holds for the local Boambee community and
is proposing a range of measures to enhance these values. Proposed improvement
works will increase opportunities for the Boambee neighbourhood to develop an
increased sense of identity through providing additional uses for the park
fostering a people-friendly and liveable environment.

• Civic
Leadership

The Draft Masterplan works
towards achieving the following objectives within the MyCoffs Community
Strategic Plan:

- We
foster a sense of community, belonging, and diversity (A1.2)

- We
support our community to lead healthy active lives (A2.1)

- We
cultivate a safe community (A2.4)

- We
create liveable spaces that are beautiful and appealing (C1.1)

- We
undertake development that is environmentally, socially and economically
responsible (C1.2)

- We
protect the diversity of our natural environment (C2.1)

- We
undertake effective engagement and are informed (D2.1)

• Economic
– Broader Economic Implications

The Draft Masterplan has no broader
economic implications.

• Economic
- Delivery Program/Operational Plan Implications

The Draft Masterplan has no
immediate delivery program/operational plan implications.

The Draft Masterplan outlines a
number of capital improvements that will need to be considered against Coffs
Harbour City Council wide funding priorities within future delivery programs.

Risk Analysis:

There are no
perceived risks from the advancement of the Draft Masterplan.

Consultation:

Consultation
has been undertaken with relevant Coffs Harbour City Council staff, the
Ayrshire Park Section 355 Facility Management Committee and the Boambee
Football Club. The Draft Masterplan details the results from the stakeholder
consultation activities, and these have been incorporated where relevant and/or
practicable.

Related Policy, Precedents
and / or Statutory Requirements:

- MyCoffs
Community Strategic Plan

- Coffs
Harbour City Council Sportsground Plan of Management

- Coffs
Harbour Sports Facility Plan 2016

- Open
Space Strategy 2010

Implementation Date /
Priority:

Following
Council’s endorsement the Draft Ayrshire Park Boambee Masterplan will be
put on public exhibition 42 days.

Conclusion:

This report recommends that Council places the Draft
Ayrshire Park Boambee Masterplan on public exhibition.

It is considered that exhibition of the Draft Masterplan is
the appropriate mechanism to provide an opportunity for input from the broader
community.

Following the public exhibition period consideration will be
given to all public submissions received and a report will be prepared for
Council for final adoption of the Ayrshire Park Boambee Masterplan.